Legal and Professional Standards Department - Recruitment vetting procedure (P04b)

1. Summary of changes

1.1. The following amendments were made to this standard operating procedure (SOP) in October 2023:

• paragraphs 3.49 and 3.50 amended.

2. What this procedure is about

2.1 The purpose of this SOP is to describe the criteria that must be applied in the recruitment vetting (RV) process for police officers, police staff employees and members of the special constabulary. The SOP meets the requirements of the College of Policing's Vetting Code of Practice and APP Vetting, College of Policing circular 02/2011 police officer recruitment: eligibility criteria for the role of police constable and College of Policing Circular 03/2012 Police service recruitment: biometric vetting checks.

Compliance with this procedure and any governing policy is mandatory.

3. Detail the procedure

3.1 RV is based on the following principles:

• the public is entitled to expect that the force will only appoint people with exemplary personal histories to be police officers, police staff and members of the special constabulary working for the force
• the nature of our work, in particular the ready access to confidential personal information and intelligence, dictates that we should only recruit people with proven high standards of honesty
• our role as a law enforcement agency requires all staff throughout the force to maintain the highest standards of integrity, whether or not they are directly involved in the enforcement of the law
• police officers, police staff and members of the special constabulary are potentially vulnerable to approaches from criminals and others, including personal friends and relations, the press and private detectives, to disclose information. Those with direct access to the most sensitive information and intelligence are at a higher level of risk
• experience has shown that serious financial hardship is a significant contributory factor in cases involving the deliberate unauthorised disclosure of information and is a major cause of stress
• information disclosed by applicants in any vetting or recruitment process will be retained in confidence

3.2  Any concerns regarding the accuracy, integrity or honesty of information contained within an application form or supporting documents should be referred to the Vetting Team Leaders, Central Vetting Unit (CVU), in the first instance.

3.3  RV includes background checks, including Police National Computer (PNC), local intelligence databases, Police National Database (PND), Special Branch, credit reference, Open Source and the examination of employment references by a Vetting Team Leader for those being recruited directly into higher level vetted roles.

3.4 The RV process is the responsibility of the vetting team leaders, Central Vetting Unit. 

3.5 RV clearance, preceded by authentication, allows regular access to OFFICIAL-SENSITIVE and occasional access to SECRET police assets and regular access to OFFICIAL and occasional access to SECRET government access.  

3.6 A number of positions within the force require additional vetting clearances, known as management vetting (MV) and security check (SC) for those serving in posts designated for vetting. Developed vetting (DV) is required for persons serving in specified posts with access to highly classified national security information. See SOPs P04c management vetting and P04e National Security vetting. 

3.7  There may be individual cases where extenuating circumstances apply in respect of applicants who do not fully meet the criteria set out in this SOP. The force would seek to respond flexibly in such instances, and carry out a risk analysis, before deciding whether to reject or accept an application. The risk analysis will be carried out by the Vetting Team Leaders, who will consult with the Force Vetting Manager as necessary before making a determination. The determination will then be copied to the recruitment manager.

3.8 The RV requirements for police officers are outlined in the College of Policing Circular 02/2011 entitled Police officer recruitment: eligibility criteria for the role of police constable. The circular includes guidance on the checks to be undertaken prior to the acceptance of applicants. These include qualifications, nationality, finances, criminal convictions, and references.
 
3.9 Vetting enquiries are made across all force areas by CVU, utilising PNC and PND. Other checks include special branch and PSD checks as necessary. (See SOP P04i Other force checks).  

3.10  It should be noted that the convictions and cautions criteria set out in the College of Policing Circular 02/2011 does not take into consideration the requirements of Chapter 18 of the Crown Prosecution Service (CPS) disclosure manual dealing with individuals with previous convictions and other judicial findings (referred to as taint). (See SOP P04j Taint).

3.11 There is no Home Office guidance in respect of police staff recruitment. However, in view of the wide range of duties now carried out by police staff, e.g. police community support officers (PCSOs) and others accredited with police powers, and those with access to sensitive police information and intelligence, the vetting criteria for the recruitment of police officers, and members of the special constabulary, is extended by the Vetting Code of Practice and APP Vetting to include those applying for all police staff posts.

3.12 Before RV enquiries are carried out, the authentication procedure must be completed. (See SOP P04a Authentication procedure for new employees). 

3.13 As part of the RV process all police officers, PCSOs and members of the Special Constabulary will also be the subject of the counter terrorist check (CTC) procedure (see SOP P04e National security vetting) and biometric vetting checks.

3.14 It is the responsibility of the Business Centre and HR Recruitment Unit to ensure that full details of all persons selected for employment are forwarded to the CVU, so that vetting checks and, where appropriate, counter terrorist checks, can be completed prior to appointment.

3.15 The CVU will conduct checks on all police officer, police staff and special constabulary applicants. Vetting enquiries will include checks on each applicant’s background to ascertain whether anything is known to the detriment of the applicant, the applicant’s spouse, partner or co-habitant, or close relatives (e.g. parents, brothers or sisters, children and step relatives). Where an individual is changing employment group e.g. retiring police officer re-joining as police staff vetting health checks should be conducted if 12 months or more have passed since they were last cleared. Where clearance has expired a new application should be submitted. If the new role attracts a higher level of vetting the individual should be re-vetted.

Process

3.16 Police officer applicants are required, on pre-arranged dates, to complete a written paper and attend an interview process. 

3.17 Selected applicants must only be informed that they “have been selected for the post and will be appointed subject to the satisfactory completion of all personal background and reference checks”. They will be advised not to hand in their notice until their appointment is confirmed.

3.18 If a candidate is refused vetting clearance, they will be notified of this and advised that they may appeal the vetting decision within 14 days. 

3.19 An electronic link will be sent to the candidate for them to complete as an online application for national security vetting checks to be carried out where required. Delays can be incurred if the applicant or family members have resided outside of the United Kingdom.

Financial questionnaires

3.20 Financial questions must be completed by applicants seeking appointment to the force. 

3.21  As individuals are most vulnerable when they have debts that they are finding difficult to manage, the purpose of financial enquiries is to ensure they have direct or indirect access to sufficient funds to minimise the risk of vulnerability to financial inducement. Where anomalies are noted between their financial declaration and the information provided by the credit reference check, or where there is a need to seek clarification, the Vetting Team Leader will consult with the applicant.

3.22 Once information relating to financial difficulties has been provided in confidence as part of the vetting process, the risk of compromise is significantly reduced. Applicants should be reassured that there is no need to be concerned about mortgage and credit card commitments that are in line with their income, providing they have the ability and the will to meet the commitments. Debts only become a problem where they are substantial and applicants have failed to take remedial action, or where they are caused by compulsive behaviour, such as gambling. Debts notified during the process will be dealt with in confidence.

3.23  It should be noted that the following would prohibit individuals from being newly employed by Kent Police:

• undischarged Bankruptcy/Debt relief Order (DRO)
• discharged Bankruptcy/Debt relief Order (DRO),  – less than three years from date of discharge
• undischarged County Court Judgements (CCJ)
• undischarged trust deeds
• former directors of Limited companies which have become insolvent will be treated as if they were bankrupt even when the debts are in the name of the company

3.24 Applicants who fail a financial assessment will either be deferred until the criteria has been met, or have their application refused.

3.25 The College of Policing Circular 02/2011 states that applicants to the police service should normally be free from undischarged debt or liability, and be able to manage existing loans. The circular states that the emphasis should be on the sensible management of debt.

3.26 The Vetting Code of Practice and APP Vetting applies the same standards for police officers, members of the Special Constabulary, police staff and non-police personnel, with the exception of NPPV Level 1 and NPPV Level 2 (abbreviated) which does not require financial vetting.

3.27 Paragraph 4 of Schedule 1 to the Police Regulations 2003, states that a member of a police force shall not wilfully refuse or neglect to discharge any lawful debt.

3.28 Application forms and vetting questionnaires include a number of questions relating to the finances of applicants, and where applicable, the applicant’s spouse or partner. 

3.29 Applicants will be the subject of an Experian credit reference check.

3.30 External applicants who have existing County Court Judgements (CCJs) outstanding against them will not normally be considered.

3.31 Applicants who have satisfied the CCJs may be considered. However, care must be exercised as those subject of CCJs could be more susceptible than others to incurring further debts. Much will depend on the extent and reasons for the individual incurring the debts.

3.32 External applicants who have entered into a Trust Deed/Debt Relief Order (DRO) will not be considered.

3.33 Applicants who have satisfied a Trust Deed/DRO may be considered. However, care must be exercised as those subject of Trust Deeds/DROs could be more susceptible than others to incurring further debts. Much will depend on the extent and reasons for the individual incurring the debts.

3.34 Careful consideration should be given to the financial vulnerability of applicants who have a current Individual Voluntary Arrangement (IVA). The Vetting Team Leader should satisfy themselves that a repayment plan is in place and the applicant has maintained regular payments over a number of months before making a clearance decision.

3.35 External applicants who have been registered bankrupt/subject of sequestration and their bankruptcy/sequestration debts have not been discharged will not be considered.

3.36 Applicants who have been registered as bankrupt/subject of sequestration and their bankruptcy/sequestration debts have been discharged will not be considered until three years after the discharge of the debts. However, care must be exercised as those subject of bankruptcy/sequestration could be more susceptible than others to incurring further debts. Much will depend on the extent and reasons for the individual incurring the debts.

3.37 Former directors of limited companies that have become insolvent should be treated as if they were bankrupt even though the debts are in the name of the company. 

3.38 Careful consideration must be given to applicants where a credit reference check reveals they have defaulted account(s) as they may be more susceptible than others to incurring further debts. Much will depend on the extent and reasons for the individual incurring the debts.

3.39. The force has an Unmanageable debt policy P02h for existing staff, which provides guidance to individuals in respect of unmanageable debt whilst ensuring that the integrity, reputation and security of Kent Police is maintained and protected. Also recognising it is a welfare issue.

Vetting process

3.40 For police staff and non-police personnel applicants, vetting enquiries, including a financial assessment (excluding NPPV Level 1 and NPPV Level 2 (Abbreviated)), will be carried out by CVU when a candidate has been selected.

3.41 For police officer, Special Constabulary, PCSO and other police staff applicants, vetting enquiries will be commenced once it has been decided to make a job offer subject to satisfactory checks. Checks of Professional Standards Department (PSD) and Special Branch (SB) databases will be carried out together with PNC, local intelligence, PND, Open Source and relevant out of force checks as necessary, together with credit reference checks and a financial assessment. 

3.42 Applicants may be questioned about information given on their application forms if they have declared an association with persons involved in crime. However, because of Data Protection Act restrictions, they must not be provided with details of the previous convictions or any other information relating to their associates identified as the result of any disclosures or enquiries carried out. 

3.43 The Business Centre will be notified of the vetting outcome and, for police officer, special constable and PCSO applicants who pass this stage of the vetting process, biometric vetting may commence. CVU will be notified of the outcome of the biometric vetting and CVU in turn will notify the Business Centre of the outcome.

3.44 All police officer, special constable and PCSO applicants will have a final candidate checkpoint prior to appointment and this provides them with an opportunity to update the personal information provided in their application and vetting forms. Vetting decisions will then be made following any additional enquiries resulting from additional information provided by the candidates.

3.45 All relevant vetting documentation will be electronically stored securely on the central vetting database, Corevet.   

External applicants for designated posts

3.46 In addition to personal and financial questionnaires, external applicants seeking appointment to posts designated for SC clearance will also be required to complete an online security questionnaire. 

3.47 Due to a lack of relevant background information, persons on work experience or those under 17 years of age should not be employed in units or departments that include posts designated for MV or SC vetting clearances.

3.48 Unless dispensation is received from the Force Vetting Manager, vetting clearance must be obtained before new members of staff, or temporary/agency workers, are permitted to work in posts designated for MV or SC vetting. Any limitations to the vetting clearance will be stated in writing. Existing staff will be permitted to remain in designated posts whilst the vetting procedure is carried out.

3.49 Applicants are required to apply for vacancies through the Factors system. An electronic link will be sent to the applicant for the completion of vetting forms.

3.50 Prior to short-listing, if any adverse information is declared by the applicant, a referral may be made to the Central Vetting Unit by the Business Centre seeking advice as to the applicant’s eligibility to continue in the recruitment and selection process.

3.51. Following an applicant successfully completing the recruitment and selection process, Business Centre will:

• ensure authentication (see SOP P04a) is complete
• notify central vetting unit to commence full vetting checks
• request employment references for the last three years (see SOP P04a)

3.52 In exceptional circumstances where there is a protracted delay in the CTC/SC clearance being granted, a contract may be issued to the selected applicant with the agreement from the force vetting manager. The contract should contain a clause to the effect that employment is subject to satisfactory completion of the vetting process. On appointment the employee will be interviewed by a supervisor, provided with a security briefing and the government assets to which they have access closely managed. 

3.53 Following receipt of the CTC/SC clearance a vetting team leader will make a final decision in respect of the vetting clearance and send the relevant notification to the Business Centre, employee and the division or department. 

Special Constabulary recruitment

3.54 The Special Constabulary selection process consists of the short-listing of applications and an assessment centre, which incorporates a structured interview.

3.55 The vetting of applicants is an integral part of the selection process and is conducted by the CVU.

3.56 The minimum age for entry to the special constabulary is 18 years.

3.57 All applicants will be subject to personal and financial vetting procedures as outlined in this SOP. 

3.58 Medical/health criteria: the medical entry standards are described in force policy L1620 Medical entry standards. These standards are also used in the recruitment of officers to the regular force. The Equality Act 2010 applies to special constables. In line with agreed best practice any medical assessment, including consideration of medical history questionnaires, will take place after assessment.

3.59 Applicants who fail the recruitment process may be invited to re-apply within a pre-determined timescale and/or conditions. They should be given the opportunity to receive constructive personal feedback on their performance. The feedback should include recommendations on ways in which this may be achieved.

3.60 The following occupations have been identified as being incompatible with the office of special constable:

• detention officers (there are some exceptions)
• clerks to the Court
• clerks to the Justices
• full-time or retained fire officers
• liquor licence holders
• magistrates
• managers, assistant managers of licensed premises, licensees of betting or gaming premises (including spouses and partners)
• members of Police and Crime Commissioners Office
• members of private police forces
• neighbourhood wardens 
• prison custody officers (private companies)
• private detectives
• private enquiry agents
• probation officers
• serving members of the Armed Forces
• social workers
• store detectives
• security personnel, guards, doormen and “bouncers” for night clubs
• warrant officers
• youth workers
• bailiffs
• police community support workers
• traffic wardens and school crossing patrols
• prison officers and prison custody officers (eligible but only with permission from prison governor)
• local authority parking wardens
• members of the Royal Auxilliary Air Force
• Royal Naval Auxilliary Service
• the National Hospital Service Reserve

Detention officers

3.61 The Home Office review of the Special Constabulary recommended that detention officers should not be eligible to be attested, or to have jurisdiction as a special constable in the division in which they work.

3.62 Detention officers/special constables who are already serving members of the force/Special Constabulary must apply, through their divisional commander, to the assistant chief constable (local policing) requesting permission to continue as a special constable. The report should include any relevant supporting information and divisional recommendations. This confirmation must be forwarded to the CVU for consideration.

3.63 Where the assistant chief constable (local policing) has agreed that an existing detention officer/special constable may continue in the role of a detention officer/special constable, the following guidelines must be applied:

• the detention officer must not wear the uniform of a special constable whilst on duty as a detention officer
• detention officers must not carry any equipment supplied to them as special constables
• special constables employed as detention officers must exercise discretion if conflict between the two roles arises
• special constables employed as detention officers will be required to sign the following endorsement: "In your employment as a detention officer, you are not forbidden to use police powers, but you must exercise discretion, where possible, if conflict arises between the two roles"

Occupations requiring careful consideration

3.64 Members of the medical or health professions: if the individual has a likelihood of being “on-call” they are likely to be ineligible, and the health authority should be approached to confirm they have no objection to the applicant being a special constable. This confirmation must be forwarded to the CVU for consideration.

3.65 Occupations with client privilege: some occupations have a code of ethics or an assumption of client privilege. Recruitment staff will discuss the potential risks of unacceptable conflicts of interest. Applicants will be asked to supply evidence that their employers have no objection to their appointment as special constables. This confirmation must be forwarded to the CVU for consideration.
 
3.66 Employees of security organisations: security staff employed in cash in transit, escorting of prisoners, patrolling and guarding of buildings, and the provision of service to the courts. Those who wear uniforms and have contact with the public are unlikely to be eligible for appointment.

3.67 Police staff employees: careful consideration must be given to the duties of police staff employees. If it were considered that the constable’s powers would enhance the individual’s employed function (as with detention officers), or would give a business advantage to the police service, that person must be assessed as ineligible. This applies particularly to those who have direct contact with the public, or suspects, but who currently have no constabulary powers.

3.68 All applications received from police staff employees will be assessed to determine whether or not the applicant’s role is compatible with that of a special constable.

Interpreters

3.69 Vetting for interpreters is carried out by the National Contractor Vetting Scheme, run by Warwickshire Police in accordance with the requirements of the Vetting Code of Practice and APP Vetting. 

Residency criteria
 
3.70 The residency criteria for all applicants are outlined in SOP P04k Residency criteria.

3.71 All applications should be checked by the Business Centre for eligibility in respect of residency prior to submission to the CVU. 

Vetting reviews prior to recruitment

3.72 Due to the length of the police officer recruitment process, some recruits are not appointed for several months after their application is received. The information provided in the application forms could be out of date because of this delay. There is a requirement that the applicant notifies the force of any changes in circumstances during the recruitment process. Cases have occurred where individuals have been arrested or convicted of criminal offences during the interim period, or have accrued debts, or experienced other changes in their lifestyle that could preclude them from being appointed. Some applicants have also failed to provide accurate details of their family members, criminal associates, finances or other relevant information. When omissions are subsequently discovered they can result in disciplinary procedures being instigated, or police officers being considered for discharge under Police Regulations.

3.73 All police officer, PCSO and Special Constabulary applicants will receive a final candidate checkpoint before recruitment. They will be asked to declare any changes to their personal circumstances and advised of the consequences of their failure to do so. Where applicants notify relevant changes, the implications of their declarations will be assessed. This process will reduce the likelihood of the force recruiting unsuitable applicants, compromising criminal investigations through taint, and reducing the number of criminal and disciplinary enquiries. (See SOP P04j Taint).  

Vetting refusals, withdrawal and lapses

Vetting refusal

3.74 If vetting clearance is refused or withheld, the vetting applicant must be informed of the reasons at the time of the decision or on request, dependent on local procedure, unless there is valid reason not to do so. Information relating to the subject should only be withheld in accordance with data protection. Where forces cannot provide the full rationale, they must give as much information as possible. Forces must also inform the applicant that the decision not to provide the full reasoning has been made following careful consideration. Forces can withhold the rationale for the decision if it would:

• damage national security
• result in the force breaking any law
• frustrate the prevention or detection of crime
• impede the apprehension or prosecution of offenders
• result in the disclosure of sensitive information
• breach the confidentiality of any information provided in confidence

3.75 Correspondence with the vetting applicant should state that the decision has been made in accordance with APP vetting and the guidance should be referenced. The vetting applicant must be informed of their right to appeal against the decision to withhold or refuse clearance.

Withdrawals

3.76 Over time, all personnel are likely to experience changes to their personal circumstances. Due to this, there is a requirement for all personnel subject to force vetting, particularly the holders of management vetting (MV), security check (SC) and developed vetting (DV), to notify the central vetting unit of any relevant changes, immediately. Failure to do so could result in the withdrawal of higher level vetting clearance. Withdrawals can also result from adverse information coming to light following the granting of a vetting clearance. It should be noted that withdrawals would only take place as a last resort, after a risk assessment has been carried out and having considered any contractual impacts. 

Lapses

3.77 These usually occur when persons leave the force, or transfer to non-designated posts. Vetting will lapse when the designated time periods have expired and the vetting clearance has not been renewed. 

3.78 In cases where persons holding vetting clearances are required to resign or are dismissed from the police service, their vetting clearance will lapse immediately. In cases involving national security vetting, the security service should be notified immediately by the central vetting unit.

Previous police service

3.79 Where previous police service has been indicated or ascertained, enquiries will be made with PSD intelligence databases.

3.80  In applying the eligibility criteria set out in the College of Policing circular 02/2011, due regard will be given to the employment of police personnel who may be required to give evidence in judicial proceedings. It is essential that they are carefully screened to ensure that they are not likely, because of any previous convictions or cautions, to be restricted in their ability to act as witnesses of truth. (See SOP P04j Taint). 

3.81 Vetting enquiries should be conducted in respect of all individuals named on the vetting questionnaires who are over the age of criminal responsibility – ten years.

Recruitment vetting enquiries

3.82 The following enquiries and checks will be carried out:

On the candidate, partner, family members and other persons’ resident at the applicant's address over the age of ten years:

• PNC check for convictions, cautions and other outstanding matters
• Taint must also be considered
• local intelligence checks 
• PND checks
• other force checks where appropriate

On the candidate only:

• Open Source checks
• DVLA records, where appropriate; (conducted by the Business Centre)
• CVU database, Corevet
• Experian credit reference check
• Professional Standards/MOD checks, where appropriate
• Special Branch
• biometric vetting checks, where appropriate
• where the candidate meets the residency qualification but identifies a period of residency outside the UK, consideration should be given to undertaking checks through the ACRO criminal records office for any potential foreign convictions

 Convictions, cautions and other judicial findings

3.83 Applicants* must declare:

• convictions
• cautions, reprimands, warnings or final warnings as an adult or juvenile
• fixed penalty notices (FPNs)
• penalty notices for disorder (PNDs)
• bind-overs and offences that ‘lie on file’
• absolute or conditional discharge
• appearances before court martial
• driving offences (other than parking offences, but including details of any disqualification)
• any involvement with the military authorities on disciplinary matters (whether involving court martial or not)
• any involvement in a criminal investigation (whether or not this has led to a prosecution) or any association with criminals
• Anti-Social Behaviour Orders (ASBOs), football spectator banning orders, risk of sexual harm orders, or domestic violence or harassment orders
• Orders contrary to Family Law Act 1996
• Restraining Orders under the Harassment Act 1997
• (In Scotland) accepted a fiscal fine from the Procurators Fiscal

* Note: under the Rehabilitation of Offenders Act 1974 all police applicants, including officers, police staff and non-police personnel have to declare previous convictions and cautions which would ordinarily be considered 'spent'. However, the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 provides that applicants for police staff and non-police personnel only are NOT required to declare any information in relation to a PROTECTED caution or a PROTECTED conviction.

Police officer and Police Special Constabulary applicants MUST DISCLOSE all convictions and cautions with no exceptions.

3.84 Applicants are not required to declare parking offences. Applicants who fail to declare a relevant matter when they are required to do so, regardless of whether it is spent, will be refused clearance at that stage on the grounds of integrity. 

3.85 Where an individual discloses an outstanding charge or summons or is the subject of a police investigation, the application should be put on hold until the outcome is known, at which point it will be considered in accordance with this SOP.

3.86 Convictions, cautions, reprimands, warnings, final warnings, and other judicial findings, and other material information that reflects adversely on personal honesty and integrity, must be revealed to the Crown Prosecution Service (CPS) by police officers and police staff, and others in the evidential chain, in accordance with the Crown Prosecution Service prosecution team disclosure manual, on every occasion they submit a statement of evidence in a criminal case. This information will be used by the CPS to assess the strength of witnesses’ evidence. If the case proceeds, it is possible that the information, if considered relevant, will have to be disclosed to the defence. It may then be used in open court to attack the credibility of the witness. Such an occurrence could undermine the integrity of the evidence, the witness, and the force, and could result in criminals being acquitted. 

3.87 Guidance to forces on the impact of disclosure of convictions and cautions is provided in Chapter 18 of the CPS prosecution team disclosure manual. The document ensures compliance with the Criminal Procedures and Investigations Act 1996 (CPIA) and provides guidance on all information that will be revealed to the prosecutor. (See SOP P04j Taint).

3.88 The force must not recruit people with convictions, cautions, reprimands, warnings and final warnings, and other judicial findings that may call into question their integrity or honesty, or represents a risk to the security, integrity or reputation of the force. Each case must be dealt with on its merits.

3.89 Where a judicial disposal has been by way of fixed penalty notice(s), or penalty notice(s) for disorder, together with matters dealt with by way of restorative justice, these will also be taken into consideration. Cases where there are allegations of dishonesty, assault or domestic violence, where there is no recorded formal judicial disposal or police action, must be closely examined and scrutinised and the circumstances taken into consideration. In some cases the victims, for a number of reasons, may have been unwilling to support a prosecution. This, however, does not reduce the seriousness of the allegations.

3.90  The criteria to be applied to recruitment vetting for police officers, members of the special constabulary, PCSOs and other police staff, is contained within the Vetting Code of Practice and APP Vetting. Eligibility will depend on the nature and circumstances of any matters recorded. It is therefore not possible to set out a full list of findings that will preclude a person from joining the force. Each case must be considered on its merits, including the level of risk posed to the force, the public and/or the applicant. If the offence is deemed sufficiently serious, the applicant will be rejected irrespective of the passage of time, or the age of the applicant at the time of offending. In cases of doubt, decisions should be based in favour of maintaining the security and reputation of the force, and the safety of members of the force and of the public.

3.91  The CVU is not required to carry out extensive enquiries into any conviction, caution, other judicial finding, or any allegation referred to on the force’s local intelligence database, with no stated result, but will take reasonable steps to establish as much information as possible.

3.92 Where relatives or the associates of an applicant are found to have convictions or cautions, reprimands, warnings and final warnings for recordable offences, the following should be considered:

• the likelihood that the applicant’s performance and discharge of duty could be adversely affected, e.g. through adverse pressure to divulge information, or a conflict of interest through family relationships or long standing friendships
• the nature, number and seriousness of the offences or involvement in criminal activity and the time that has elapsed since the incidents took place
• whether the circumstances are likely to bring discredit or embarrassment to the force
• failure of applicants to disclose relevant information reasonably suspected from the information available, to be within their knowledge
• declared contacts with a relative or associate. Consideration should be given to the regularity of contact, and the distance between the applicant and the relative or associate’s place of residence

3.93 It is advised that where practicable, interviews with applicants should be conducted to ascertain the exact nature of their relationship with third parties, and to ascertain what level of knowledge they have of the third parties’ lifestyle and activities. Care must be taken not to disclose any information relating to the third parties that the applicant has not disclosed during the vetting process. If the matter cannot be resolved without breaching the Data Protection Act, an interview would not be appropriate. A decision must therefore be made using all of the information already available.

3.94 Some applicants may fail to include in their personal vetting questionnaires details of family members or associates, in respect of whom adverse information is subsequently discovered. In these circumstances, where it is clear that the applicant should reasonably have been aware of the information, the general assumption should be that the details have been omitted deliberately, and the matter treated as an integrity issue. Each case should, however, be treated on its merits.

3.95 A decision that an applicant is unsuitable solely on the basis of relatives’ convictions, intelligence material or their criminal associations, will be taken by the Vetting Team Leader or escalated to the force vetting manager in more difficult cases. The results of checks on relatives and other associates must not be disclosed to an applicant.

3.96 All decisions made by the CVU must be clearly documented to include the rationale.

Police intelligence records

3.97 CVU checks must be carried out for the name of the candidate, previous names, current home address and any address provided, at which the applicant has resided in the last five years. Checks should also be conducted in respect of all other individuals named on the application form or vetting questionnaires, or others who come to notice during vetting enquiries who are over the age of ten years. These checks should reveal any intelligence or information held surrounding the applicants and their home address. 

Crime reports

3.98 Details of the applicant should be checked against the suspect and accused records on the local intelligence database. The applicant’s address should also be checked. Searching the applicant’s address may identify allegations of crime affecting other persons residing with the applicant.

Open source

3.99 Details of the applicant will be checked to retrieve open source information held on the internet about the applicant. Checks will be carried out on Google and against social media sites such as Facebook and Twitter.

DVLA records

3.100 A check of DVLA records for driving licence endorsements should be made by the Business Centre, where necessary. The applicant is required to have declared all relevant matters on their vetting questionnaires.

CVU database checks

3.101 The CVU database, Corevet, must be checked to establish if the applicant has previously held a vetting clearance with the force, and if there were any recorded security breaches or incidents relating to that clearance period.

Credit reference checks

3.102 An Experian credit reference check will be carried out to establish the financial status of the applicant. The information obtained will be cross-referenced against the information provided by the candidate. Serious financial difficulties are likely to lead to rejection.

Interviewing of applicants

3.103 Applicants should be interviewed by CVU where necessary in order to clarify queries, ambiguities or concerns raised during the vetting process. This interview could be face to face or by telephone.

References

3.104 Two personal references and a reference from the last employer should be obtained. References must include employment history for the past three years (required for BPSS).
 
3.105 If applicants are unemployed or self-employed, a reference should be obtained from the last employer. If the applicant has not had previous employment, or has always been self-employed, a second reference, not from a relative, must be obtained.

3.106 References can form part of an identification process if provided by a reputable organisation or by someone known to the force. Referees should always be contacted in person if the references are being used to help confirm identity. 

3.107  Applications from HM service personnel can only be accepted if they have 12 months or less to serve before discharge. Confirmation of the date of discharge must be obtained. Military references will be obtained.

Clearance decisions and reviews

3.108 Inevitably, not every circumstance can be provided for in this SOP. For example, involvement with police or other statutory bodies, not leading to a conviction, may nevertheless cast serious doubt on an applicant’s suitability for employment within the force. In deciding whether or not to grant vetting clearance the force vetting manager will exercise discretion, and will consider all of the information obtained during the vetting process. 

3.109 The vetting team leader will make a decision as to whether or not vetting clearance can be granted, or refer more difficult or complicated cases to the force vetting manager who will make the vetting decision. The head of professional standards department will make the final recruitment vetting refusal decision for ethnic minority applicants, with the deputy chief constable being the appeal body for those cases. The result of the decisions will be notified to the Business Centre.

3.110 The rationale for vetting decisions will be fully documented and saved securely on the CVU vetting database, Corevet, for future reference. 

3.111 If a member of the Business Centre has reason to query the vetting decision, the matter will be referred to the force vetting manager who will be asked to review the decision. If the matter cannot be resolved at that stage, the case will be referred to the Head of Professional Standards for a final decision or to the deputy chief constable, where appropriate, for ethnic minority applicants. 

3.112 Applicants for recruitment to the force are able to submit an appeal against decisions made to refuse force vetting clearance by sending a written request seeking a review to the force vetting officer within 14 days of receipt of the written notification of vetting refusal. Third party review requests will not be considered. There is no right of personal representation. The review will be conducted by the force vetting manager (or the deputy chief constable for ethnic minority applicants whereby the recruitment vetting refusal decision was made by the head of professional standards department) who will aim to review the case as promptly as possible, and provide the applicant with a written statement outlining the result of the review. The decision reached will be final. If the force vetting manager has been involved in the case the review will be conducted by the head of professional standards. Some applicants also have the right to apply to an employment tribunal. 

3.113 Following the conclusion of a misconduct hearing or meeting where the officer, special constable or member of staff is not dismissed but has been issued with a written warning or a final written warning, a review of vetting clearance should be carried out. The review includes a consideration of the applicant’s suitability to maintain the level of clearance held and to continue in the post they occupy.

Renewals

3.114 Counter Terrorist Checks (CTC) will be renewed every ten years.

3.115  Recruitment vetting will be renewed every ten years. However, clearance may be renewed at an earlier stage especially if adverse information comes to light relating to the subject's clearance, or there is a material change in individual personal circumstances.

Career breaks

3.116 Police officers and police staff who have been on a career break will submit full recruitment vetting application questionnaires to the CVU prior to their return, including a declaration stating whether or not they have come to the attention of the police or other law enforcement agencies during the period of their absence, through the head of resourcing. Consideration will be given to the length of the break, together with the details of any time spent out of the country, and the countries visited.

3.117 If any adverse information is declared by the applicant, or revealed during the vetting process, the CVU will immediately notify Professional Standards who will consider if the individual has breached regulations or their conditions of employment, and take action accordingly. 

Police officers and police staff who have left the force

3.118  For police officers or police staff who have been dismissed or required to resign, and who have successfully appealed against the sanction and been reinstated, commencement of employment cannot be delayed until vetting enquiries have been completed. If vetting enquiries are not completed until after an individual has returned to work, and checks reveal adverse information covering the period of absence, the Head of Professional Standards will consider whether or not the individual has breached discipline, and if so, take appropriate action. 

Rehabilitation of Offenders (Exceptions) Order 1975

3.119 The Rehabilitation of Offenders (Exceptions) Order 1975 provides that the Act shall not apply to police officers and special constables. The force is therefore entitled to ask prospective candidates for those roles to reveal spent and protected convictions in the recruitment vetting process.

Counter Terrorism and Security Act

3.120. The Counter Terrorism and Security Act 2015 places a duty upon specified authorities (which includes the police) to ensure that their functions are discharged having due regard to the need to prevent people being drawn into terrorism. Our staff are not immune from radicalisation, therefore if such concerns regarding an individual or institution are identified, these should be referred to the Kent Police prevent team via the FMU at Kent SB JIU.

Reciprocal vetting

3.121 The force will enter into reciprocal vetting for any member of staff if requested by the individual. This will be carried out with another force within the 7 Force Collaboration. The force conducting the enquiries will make a clearance recommendation, but the clearance decision remains with the force vetting manager or other appropriate decision maker of the force. This will only be conducted at the request of the applicant.

4. Equality Impact Assessment (EIA)

4.1 An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

5.1 This SOP has been assessed as medium risk.

6. Consultation

• Recruitment
• Business Centre
• Kent and Essex Fingerprint Hub
• Kent and Essex DNA Hub
• Central Vetting Unit
• Human Resources
• Finance
• IT Security
• Health and Safety
• Legal
• Freedom of Information

7. Monitoring and review

7.1 This SOP will be monitored, and reviewed after two years, by the Force Vetting Manager. The monitoring will take into consideration any changes in relevant legislation or procedures impacting on recruitment.

8. Other source documents

None listed.

9. Governing force policy

Related force policies or related procedures (Essex)/linked standard operating procedures (Kent)

9.1 Kent Police has measures in place to protect the security of your data in accordance with our Information Management policy (Policy W1000 – Information Management).

10. Retention and disposal of records

10.1 Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy (Policy W1012 – Records Review, Retention and Disposal).